Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person who is not authorised to do so by subregulation 65.035(1) or (2) must not carry out an air traffic control function in Australian territory.
(2) A person to whom subregulation 65.035(3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.035(1).
(3) Strict liability applies to the following physical elements:
(a) in subregulation (1)--that the person is not authorised by subregulation 65.035(1) or (2);
(b) in subregulation (2)--that the person under whose supervision the air traffic control function is carried out is a person who meets the requirements of subregulation 65.035(1).
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) It is a defence to a charge of contravening subregulation (1) or (2) that the relevant action was, in the circumstances, reasonable in the interests of the safety of air navigation.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4).